Morgantown Civil Litigation Lawyer

Morgantown Civil Litigation Attorney

When someone maliciously attacks your character in public or causes bodily harm through a car accident, you can hold the at-fault party accountable with the help of a Morgantown civil litigation lawyer. Civil litigation can lead to a monetary settlement and other forms of relief that help injured parties recover from defamatory acts or physical injuries.

If you are looking for legal representation in civil court, Crowe Law, LLC., can help. Through strategic litigation, we have helped many clients receive favorable settlements.

How Can a Morgantown Civil Litigation Lawyer Help My Defamation Case

When someone is materially harmed by false statements made by another person, the injured party can take legal action by filing a defamation lawsuit against the at-fault party. Once the case moves forward, the defendant may offer a settlement to compensate the victim for the financial harm caused by the defamatory comments.

If the case goes to trial, a jury may ultimately award the plaintiff monetary compensation. The statute of limitations for filing a defamation lawsuit in West Virginia is one year, meaning that you cannot file for monetary damages once one year passes from the date of the most recent defamatory comment by the at-fault party.

Libel vs. Slander

Defamation can be written (libel) or verbal (slander). For the acts to be considered defamatory, they must be demonstrably false. There are many protections for free speech in this country, so the bar for defamation is fairly high but not insurmountable when the at-fault party acted with malice and intent to harm.

Proving Damages

If the plaintiff can prove that the defamatory statements are not true and that the at-fault party knew they were not true, the courts will examine whether the at-fault party’s actions caused emotional or financial harm to the victim. The false statements generally have to be spread publicly or to multiple people by the at-fault party.

Public Figures vs. Private Figures

Public figures have a higher legal bar to reach when suing someone for defamation. The courts generally view the life of public figures as one that would reasonably incur public scrutiny. Elected officials have little to no recourse for defamation because suing a constituent would be an infringement on the First Amendment. Public figures like celebrities would likely have to prove that the actions of the defamer were done with intent to harm.

Truth: The Ultimate Defense

If someone’s statements are factually true, you will have little legal grounds for pursuing a defamation case. Nearly every court in the country would see true statements as a protected form of speech. One exception may be the release of privileged information.

Recoverable Damages

When settling a case, there are generally three types of damages that will be considered. One is the actual damage caused by the defamation. For example, if someone loses their job due to the at-fault party’s actions, the at-fault party may be financially liable for the lost wages.

General damages refer to the consequences of a damaged reputation that could make it harder to find new jobs or paying engagements.

Lastly, the courts may consider punitive damages, depending on the extent of the damage and malice involved. An experienced civil litigation attorney can help you navigate these complicated types of cases with the goal of helping you resolve the case with favorable terms.

Vehicle Personal Injury Claims

A Morgantown civil litigation lawyer can also help you with filing a personal injury claim following a motor vehicle collision. Each motor vehicle accident is unique. Some involve large commercial vehicles, while others involve ridesharing services. If someone is at fault for causing the accident, they can be held liable for damages.

Initially, those payments for damages will likely come from the at-fault driver’s insurance company policy. Insurance companies may try to avoid paying what you are owed. When they do, you can hire an experienced litigation attorney to fight for what you are entitled to.

If the final payment or settlement from the insurance company is not fair or sufficient to cover your losses, you may be able to sue the driver directly. Your civil litigation attorney in Morgantown can help you in that area as well.

FAQs for Civil Litigation Lawyers

Q: What Is the Difference Between an Attorney and a Litigator?

A: The difference between an attorney and a litigator comes down to how they serve the client. An attorney is a professional who is licensed to practice law and provides a range of services, from legal advice to representation.  Litigators are attorneys who focus on handling lawsuits, representing clients in court, and negotiating settlements.

Q: How Much Is a Lawyer in West Virginia?

A: Like in any state, a lawyer in West Virginia will charge an hourly rate based on the number of years of experience they have and based on how many successful cases they have handled. The cost of your legal representation will depend on how many hours your lawyer spends researching and litigating your case. The more complex the case, the higher the total bill will likely be.

Some lawyers work on contingency, meaning they are paid a set percentage of your eventual settlement.

Q: Are Litigators Better Than Attorneys?

A: Litigators are not necessarily better than attorneys, but they are more experienced in certain areas. For example, not all attorneys are comfortable or experienced in representing clients before a judge. Courtrooms can be intimidating environments, and each state sets rules for how evidence is administered and even what can and can’t be said during a hearing or trial.

Q: How Long Will My Defamation Case Take?

A: A defamation case, like any civil case, can vary in how long it takes to resolve. A case could take several months or longer. If the defendant makes a favorable settlement offer, the case may settle within a few months. If both parties cannot agree to settlement terms, the case will go to trial. Complex cases and cases that go to trial often take more than a year or even years to resolve.

Schedule Your Morgantown Civil Litigation Lawyer Consultation Today

Whether you are involved in a defamation or personal injury case, Crowe Law, LLC., is here to provide comprehensive and compassionate legal counsel. We have experience in a wide range of civil cases, and our esteemed attorney is an experienced litigator who understands how to effectively represent clients in the courtroom. Contact our office today to schedule your consultation.